North Carolina Recent Legal Answers from Lawyers

Your race and the race of the person who terminated you are not legally imporant. What is important is the motive.  In otherwords, why were you fired? If you were fired due to your age or race, you may have a legal claim. If you strong evidence that age or race was the reason, then you may have a strong legal claim. There is a very short period for filing a legal claim on race or age so consult with an experienced employment attorney as soon as possible.... Read More

You (if you were also party tot he contract, otherwise only your husband) could take this guy to court because anybody can sue anybody for anything, but you may be barred from claiming that you had an oral agreement that contradicts the terms of your written contract.  Even if the receipt is not considered a fully integrated contract, and thus you are allowed to testify to your version of the true agreement, the receipt is still strong evidence supporting your ex-friend's claim that the agreement was to find a car and for you to drive it "as is."... Read More

Anybody can sue anybody for anything, but some of the potential claims you raise appear meritless. First, if you negligently caused fire damage, the home owner can certainly sue you for his damages, i.e. the deductible on his insurance policy, and the insurance company can sue you for the money it laid out.  You may have a defense, or a partial defense, based on the lack of a working smoke detector Iespecially if NC law would consider you a tenant and requires smoke detectors in landlord/tenant situations, which I suspect it does) if you can show that, had the detector been working, there would have been no damage or less damage, and also if you didn't know that the detector wasn't working.  This would be a defense to his claim, not an affirmative claim of your own, unless you yourself suffered damages due to the detector not working  Also, the owner may not want to bring suit because you have evidence of what could be considered his insurance fraud - fooling the insurance company by putting a new battery in the detector after the fire. I don't see any basis for any claim based on monies you have given him during your time together, unless you gave him that money in contemplation of marriage.  Also, I'm not sure what contract he would breach by putting you out of the house.  I don't know if NC recognizes a claim for breach of a marriage contract; even if it does, a court may not be very sympathetic to such a claim in this day and age.... Read More

Good question.  Unfortunately, there is not an easy answer.  It can be very difficult to force a spouse out the marital residence when that spouse is not willing to move.  I strongly encourage you to contact an attorney in your local jurisdiction as the answer to this question may very a bit county to county.  For example, in Mecklenburg county, it is pretty rare that we see someone forced out of the marital residence in the absence of a showing of domestic violence.  For more information on this topic, please see one of our blogs on the topic of distribution of the marital residence in North Carolina divorce.  #3 may shed some additional light on the typical paths people may take in a situation like this.  Hope this helps.     Bill HunterHunter & Hein, Attorneys at Law, PLLC... Read More

If there is no current child custody order in place, than you both have rights as parents and are free to do as you guys please. If there is a court-order in place between the two parents than you have to review the court-order for guidance and possibly a modification. Feel free to contact my office and speak with a case manager at 1-877-866-8665... Read More

Hey Devin, you will need to file a motion in the family court of the county you reside in, to contest the move of the children. You can't really stop the mother but you can try to stop the relocation of the children by using an experienced attorney or representing yourself in court. Feel free to contact my office and speak with a case manager for a general consultation. 1-877-866-8665... Read More

There are many things you can do, but it all depends on what you would like to regarding the situation. Your husband is not having physical relations with you, and if you like to make the marriage work, trying out marriage counseling or relationship coaching might possibly an option for saving the marriage, otherwise proceeding to Divorce might make sense if you are ready to start a new life. Feel free to call my office and speak with a case manager for general information and guidance. 1-877-866-8665... Read More

Anybody can sue anybody for anything, but in order to have an enforceable contract there must be mutual consideration.  You must have given your ex-sister-in-law something, or given up something, in exchange for her promise to pay you $30,000.  A promise to give a gift is generally not enforceable.... Read More

There is nothing you can do in this situation if the employer does not want to do the right thing or be honest with you. Retaliation is unlawful only if you engaged in a "protected activity" which is an activity that the law says you have an absolute legal right to engage in. There are very few protected activities in this state.... Read More

There is not a legal claim simply because the employee feels s/he are in a hostile environment.  Harassment, including hostile enviroment harassment, is unlawful only if it is directed to the victim due to race, color, sex, national origin, religion, disability or age 40 or older. If it is not directed for one of those reasons, then it is not unlawful no matter how bad the conduct may be.... Read More

Not sure from your question if you are being threatened with a suit claiming that you were at fault in an auto accident, or with a suit to enforce a judgment already entered in an auto accident case.  If the first, hopefully, you are insured.  Part of an auto policy is the insurance company's agreement to provide you with a defense to liablity claims falling within the policy. Notify your insurance company ASAP and it should provide you with an attorney. If the second, and there is already a judgment against you for liability in an auto accident case which you can't pay, you should probably consult an attorney who represents debtors.  Given your financial circumstances, you should probably look into whether you can get some free help with your credit issues, either from a government agency or possibly from the local bar association.... Read More

Technically, in the absence of a court order or agreement dictating otherwise, you each have an equal right to time with the child involve.d  The answer to your question will likely depend on the county you are in and what has happened so far in your child custody case.  Our blog discussing denial of visitation in North Carolina child custody cases may shed some light on some of the implications.    Most counties will allow for a temporary child custody hearing in a scenario like this, in which a temporary parenting arrangement may be entered to bridge the gap between the current time and an eventual permanent child custody hearing.  However, your pending court date may already be for temporary custody, and you may not get in much quicker then the already scheduled hearing.  Outside of legal avenues, there aren't many options besides "snatching" your child back, which can create quite an ugly situation for everyone involved, may upset the judge, and is not recommended.   I strongly encourage you to contact an attorney in your local area to discuss your matter further.   Hope this helps a bit. Bill HunterHunter & Hein, Attorneys at Law, PLLC... Read More

Since the case was dismissed, it is my opinion that you would not be inadmissible on your next entry to the U. S., especially if the circumstances are that you only left your children alone at home for 25 minutes. Please note, however, that many nonimmigrant visas are discretionary, and if you have to apply for one, the episode might be held against you. Please also note that you must disclose any arrests on visa applications. If you are applying under the visa waiver program, the question may be easier for as the ESTA application questions the seriousness of the arrest or conviction. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

If someone is represented by an attorney, the attorney information should be available somehwere. They don't have to provide complete contact information, but the best way to see if they have an attorney or not is through the first paragraph which starts something like "Defendant XYZ by and through his/her counsel (name)...." This demonstrate that they have an attorney. Also, the signature at the end can also tell you. If you are representing yourself, you might be interested in our legal document drafting and educational services to best prepare yourself for custody battles in court. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More

You say it was a business lease,  Was your daughter the tenant, or was it a business entity she had created (i.e. a corporation or llc).  If the latter, and assuming that your daughter operated the entity properly, your daughter is not personally liable unless she personally guaranteed the obligations under the lease.  Also, depending on the jurisdiction (I don't know what the law is in NC), your daugher may not be liable for the entire unpaid rent, but only for the difference between the rent due under her lease and the amount the landlord is able to rent the space for now.   Assuming that your daughter is personally obligated  for the lease, you may still be able to reach a settlement with the landlord.  Since yur daughter is unable to pay her obligations, she may be eligible to have the debt discharged in bankruptcy.  While this is a last resort, it would also be bad for the landlord, who may accept less than the full amount to avoid it, particularly if that amount is offered by someone who is not legally obligated to pay it, i.e. a friend or family member of your daughter.... Read More

It appears that the safety of the child is at concern here. You should go back to court and amend the court order to either supervised visitation in a public place or pick up / drop of at a Police Precint with Driving License and Car Seat inspected by a police officer. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com as we do also offer reduced price services for PRO SE people who can't afford an attorney or would like to represent themselves in court.... Read More

Garcia, I understand you would like physical custody of your child and it is quite possible to get it. You will need to hire an attorney in North Carolina and that is around $2,500 to $4,500 for a non-trial case. If you can not afford an attorney and you are not eligible to get a low-cost or free attorney, you might want to represent yourself in court which would be a cost-effective option. What you would need to do is first make sure that the child is with you at the time you approach the court. Once the child is with you, prepare temporary custody petitions and file it in court, serve the other parent and wait for your court date. On your court date, go in front of the judge (dress appropriate) (speak proper) and answer any questions or concerns the judge may have. If you do decide to go as a Pro Se we do offer Document Preparation, Case Management Service. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey.... Read More

Sorry to hear what you are going through. But don't let this change your opinion about marriage. He probably just wasn't the one for you. In order to start a divorce proceeding in any state you the petitioner will need to meet the residency requirement, which I assume you do. You can move forward with your divorce procceding by publication if you can not sincerely locate your spouse. Divorce by publication is a bit expensive and can run anywhere from $2,000 - $4,000. If you were to locate him and convince him for a divorce which I don't think would be a problem so if that happens it will cost you anywhere from $750 - $1,500 uncontested. It is best to work with a Family Law specialist so Feel free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey.... Read More